Bulk Materials Australia Pty Ltd

[2024] FWCA 3654

[2024] FWCA 3654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bulk Materials Australia Pty Ltd

(AG2024/3579)

BULK MATERIALS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 21 OCTOBER 2024

Application for approval of the Bulk Materials Australia Pty Ltd Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Bulk Materials Australia Pty Ltd Enterprise Agreement 2022 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Bulk Materials Australia Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a delegates’ rights term as required by s.205A of the FW Act. As a result, the workplace delegates’ rights term appearing in clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement. 

1. Noting clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 5 June 2026.

COMMISSIONER

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